...mentioned in Section 74 of the Evidence Act only can be said to be public documents, the certified copies of which are to be given by the concerned police officer having the custody of such a public document. Copy ...cannot be said to be public documents under Section 74 of the Evidence Act, reliance placed upon Sections 74 & 76 of the Evidence Act is absolutely misplaced.15. Now so far ...so far as the reliance placed upon on Sections 74 & 76 of the Evidence Act is concerned, the reliance placed upon the said provisions are also absolutely misconceived and misplaced. Documents...

...memo. They are:—“1) Whether the impugned finding on petition Or.41 R.27 C.P.C refusing to admit the public documents as evidence for which no formal proof is necessary and.... 3 i.e, A-schedule property. Two applications under Order 41 Rule 27 C.P.C were filed by the plaintiff to accept the documents as additional evidence. It was stated that...Order 41 Rule 27 C.P.C was filed. The same was also rejected. On a threadbare analysis of the evidence on record as well as pleadings, the learned appellate court came to hold that item no. 1...

...F.I.R., which are all public documents within the meaning of Section 74 of Evidence Act. As per Sec....76 of the Evidence Act, certified copies of public documents can be issued to any body, and as per Sec.77 of the Evidence Act certified copies of public ...Cr.P.C., The learned Magistrate, rejecting the contention of the petitioners, allowed the petition on the ground that the documents being certified copies, can be received and read in evidence, as...

...could not be filed before the Trial Court and the documents being public documents are liable to be admitted as additional evidence.9. The reason mentioned in the application does not...pretext of lack of advise or wrong advise by the Counsel. Similarly, merely because the documents sought to be adduced as additional evidence are copies of public documents cannot be a valid reason for adm...petitioner for production of additional evidence goes to show that no cogent reasons has been given for not filing the documents, sought to be adduced as additional evidence in appeal, before the Trial...

...photocopy is by itself wholly illegible. 6. It is a cardinal, basic and established principle of evidence law that documents, other than public documents are tendered in evidence through ...documents and that exception relates only to the proof of public documents by production of certified copies of such documents. Section 74 of Indian Evidence Act defines '...public documents. 8. Surely and certainly documents Exhs. R5, R6 by no stretch of imagination can be termed as public documents. If at all the copy of the driving licence perhaps...

...the original document is still in existence and available.19. Section 74 of the Evidence Act defines what are known as “public documents”. As per Section 75 of the ...them at the trial would be sufficient for the court to look into those documents as they were not in evidence and the defendant had no opportunity to reply to those documents. The petitioner has not proved the rece...plea of the appellant that since the cassette is a “public document”, as defined in Section 74 of the Evidence Act, 1872 (for short “the Evidence Act”), its mere production was sufficient and no...

...passed by the learned Additional District Judge-VII, Patna whereby and whereunder the documents filed on behalf of the respondents-plaintiffs were admitted in evidence as public documents. .... 4. The learned counsel for the petitioners submits that out of aforesaid six documents, four documents as mentioned at serial no. I to IV are not the public ...not the public documents. 7. The provision of sub-section (2) of section 74 of the Evidence Act explains the public documents and section 76 permits certified copies o...

...have confused the provisions of Sections 35, 73 and 74 of the Evidence Act in interpreting the documents which were admissible not as public documents or documents maintained by public se...have brushed aside the documentary evidence produced by the appellant mainly on the ground that subsequent documents clearly proved that the father of the accused had not correctly mentioned the date of...the oral evidence adduced by the appellant as also the horoscope produced by his father.7. We agree with the High Court that in cases like these, ordinarily the oral...

..., and documents produced as confidential; the courts are prohibited from requiring any public servant to produce the documents or the records and even to give evidence in respect thereof, and the ...treat such documents as confidential and prohibits the court from requiring public servants to produce such documents or to give evidence about such documents...then proceeds to state that notwithstanding anything contained in the Indian Evidence Act, 1872, no court shall, save as provided in the Act, be entitled to require any public servant to produce before...

...documents as provided in the Section 76 of Indian Evidence Act, as proceedings before the Arbitrator or award made and published by him are not public documents within t...meaning of Section 74 of Indian Evidence Act. Under the provision of Section 75 of the said Act all other documents excepting public documents as mentioned in Section 74 of the...Sengupta, J.:— This application is to be dismissed inasmuch as the copy of the award, said to have been certified by the Learned Arbitrator, has been annexed.2. In my view...

...herein under the Right to Inlormation Act, 1005 (hereinafter referred to as 'RTI Act, 2005') was not admitted as evidence on the ground that the documents obtained undcr thc R'II Act, 200-5 are not cefiified copies...refused to accept the said documents as public documents under the Indian Evidence Act, 1872 (hereinaftcr called as 'the Act, 1872') on the ground that the said documents are not certifie..., it is apposite to discuss the provisions relating to adrrissibility of documents AS public documents under the Indian evidence law. For the sake ol- convenience, the relevant provisions under the Act...

...of the documents, issued by the office of Deputy Director, Food and Drug Administration Department.8. The learned trial Court has held that these documents are the public documents and admissible in ...by way of evidence.3. The petitioner/defendant raised an objection under Order 18 Rule 7 that these documents are not original as also certified copy of the...documents cannot be exhibited as secondary evidence when the primary evidence are available. He has also raised the objection that certain photographs were filed along with bill which are also not...

...documents are sought to be adduced as additional evidence. There is no dispute that they are relevant. There is also no dispute that they are admissible without proof. It may be that explanations would be...that the appellate Court can consider whether on the basis of the pleadings those documents would be entertained as evidence for proper adjudication of the appeal, as no evidence can be entertained if...admissible. If admissibility of document would require proof through oral evidence, court is to consider whether such opportunity is to be given. This would depend upon three circumstances as indicated...

...certainly include documents which form the acts or records of the acts of municipal authorities within the category of public documents. Reference may also be made to the concluding part of s. 78 which makes it clear that i...rate, of the public documents enumerated in that section, the original or a certified copy would be admissible in evidence. There is no reason why any distinction should be drawn between public documents o...signature and the handwriting on a document must be duly proved make any exception in the case of public documents. In view of the provisons of the said sections, all documents, whatever be their nature, must, therefore, be...

...: The appellant submitted that whatever documents he has asked for are public documents as per the Indian Evidence Act and hence disclosable. The CPIO submitted that personal informatio...also failed to explain the same. Moreover, the plea of public documents is misplaced as educational certificates of an individual cannot be construed as a public document.... Decision: In view of the above observations, as the appellant failed to demonstrate any larger public interest in this case, there is no scope for any relief. The appeal is disposed of...

...lacuna cannot be permitted to be filled up. Even if the documents sought to be placed on record by way of additional evidence are per se admissible being public documents, they are subject to mode of proof ...whereas the defendants denied the averments as Shiv Kumar after selling the agricultural land purchased the agricultural land in the name of his sons. The documents are per se admissible and can be...tendered into evidence subject to mode of proof, as it will help the Court in adjudication of the lis. Mr. Bansal, learned counsel appearing on behalf of the respondents submitted...

...CPC to call for evidence as regards the genuineness of the documents or could collect evidence itself and treat them as part of evidence. All the documents filed were the ...taking an objection and if the documents received were after all public documents, genuineness of which cannot be impeached, I will find that the case must only go to the next stage of arguments and the...to preemption through a suit filed against one Pyar Kaur. The plaintiffs' suit was dismissed holding that the decree allowing for certain payments to be made had not been proved as paid. At the...

...deals with “false evidence and offences against public justice” and Section 193 occurring therein provides for punishment for giving or fabricating false evidence in a judicial proceeding. Section 195...of the Criminal Procedure Code (CrPC) provides that where an act amounts to an offence of contempt of the lawful authority of public servants or to an offence against public justice such as giving...false evidence under Section 193 IPC etc. or to an offence relating to documents actually used in a court, private prosecutions are barred absolutely and only the court in relation to which the offence...

...74 and 76 of Indian Evidence Act enable anyone to seek and obtain certified copy from a Court or an authority who in charge of such documents if the same are in the nature of public documents, irrespective...documents, Section 76 reads as follows:“Every public officer having the custody of a public document, which any person has a right to inspect, shall give that person on demand a copy of it...following documents are public documents:—(1) Documents forming the acts, or records of the acts-(i) of the sovereign authority,(ii) of...

...heard and defended against the charges before any penalty is imposed. Section 76 of the Indian Evidence Act prescribes that the certified copies of public documents can be supplied, making further clear that U/s 76 of the I..., 75 and 76 of the Evidence Act is reproduced as under:- "74. Public documents.--The following documents are public documents...." vi. Thus one thing is clear that as per section 76 of the Evidence Act that the certified copies of public documents can only be supplied to the complainant and the entire case...